Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,323
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access to information in the system, and pro-
vides that contributors are responsible for
protecting the right to commercial use of in-
formation they contributed.
Don Clark, director, Travel and Information
Division, has determined that there will be
fiscal implications as a result of enforcing or
administering the section. The effect on state
government for the first five-year period the
section will be in effect will be an increase in
staff cost of $63,000 for fiscal year 1994. For
fiscal year 1995, the cost will be $100,000,
and for each year of fiscal years 1996-1998,
the total staff costs will be $52,000. Mr. Clark
has estimated information that this electronic
system will save state government $200,000
a year in staff time and expenses for fiscal
years 1995-1998. There will be no fiscal im-
plications for local government as a result of
enforcing or administering the section.
Mr. Clark has certified that there will be no
significant impact on local economies or over-
all employment as a result of enforcing or
administering the section.
Mr. Clark also has determined that for each
year of the first five years the section as
proposed is in effect, the public benefits antic-
ipated as a result of enforcing the section will
be to encourage travel to and within the state
of Texas and to increase the efficiency and
expediency of gathering and distributing
travel information in an electronic form. There
will be no effect on small businesses and no
anticipated economic cost to persons who are
required to comply with the proposed section.
Pursuant to the Administrative Procedure Act,
Government Code, Chapter 2001, the Texas
Department of Transportation will conduct a
public hearing to receive comments concern-
ing the proposed new section. The public
hearing will be held at 9:00 a.m. on Monday,
June 13, 1994 in Room 101 of the depart-
ment's Riverside Annex, located at 200 East
Riverside Drive, Austin, Texas and will be
conducted in accordance with the procedures
specified in 43 TAC 1.5. Those desing to
make comments or presentations may regis-
ter starting at 8.30 a.m. Any interested person
may appear and offer oral or written com-
ments; however, questioning of those making
presentations will be reserved exclusively to
the presiding officer as may be necessary to
ensure a complete record. While any person
with pertinent comments will be granted an
opportunity to present them during the course
of the hearing, the presiding officer reserves
the right to restrict testimony in terms of time
and repetitive content. Organizations, associ-
ations, or groups are encouraged to present
their commonly held views, and same or simi-
lar comments, through a representative mem-
ber where possible. Comments on the
proposed text should include appropriate cita-
tions to sections, subsections, paragraphs,
etc., for proper reference. Any suggestions or
requests for alternative language or other re-
visions in the proposed text should be submit-
ted in written form. Presentations must
remain pertinent to the issue being dis-
cussed. A person may not assign a portion of
his or her time to another speaker. A person
who disrupts a public hearing must leave the
heanng room if ordered to do so by the pre-
siding officer. Persons with disabilities whohave special communication or accommoda-
tion needs and who plan to attend the hearing
may contact Eloise Lundgren, Director of the
Public Information Office, at 125 East 11th
Street, Austin, Texas 78701-2383, (512)
463-8588.
Written comments on the proposed rules may
be submitted to Don Clark, Director, Division
of Travel and Information, Texas Department
of Transportation, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for
receipt of written comments will be 5:00 p.m.
on July 8, 1994.
The new section is proposed under Texas
Civil Statutes, Articles 6666 and 6144e, which
provide the Texas Transportation Commis-
sion with the authority to promulgate rules
and regulations for the conduct of the work of
the Texas Department of Transportation, to
compile and publish pamphlets, bulletins, and
documents necessary for informational and
publicity purposes concerning the highways
of the state and to provide road information,
travel guidance, and various descriptive ma-
terials designed to furnish aid and assistance
to the traveling public and stimulate travel to
and within Texas.
Texas Civil Statutes, Article 6144e, is af-
fected by this proposed amendment.
23.13. Electronic Travel Information Sys-
tem.
(a) Purpose. The department may
create and maintain and electronic travel
information system to address the techno-
logical needs of the contributors and the
consumers of Texas travel information. This
information will inform travelers about the
attractions and facilities available to the
public and will encourage travel to and
within the state of Texas. The system will
serve as an efficient method of gathering
and distributing travel information in an
electronic form.
(b) Eligibility criteria. The follow-
ing entities may contribute information to
the electronic travel information system:
(1) city and county govem-
ments;
(2) state agencies;
(3) chambers of commerce;reaus;
dustries;(4) convention and visitors bu-
(5) travel-related services or in-(d) Application.
(1) To contribute information to
the electronic system, an entity shall submit
an application in the form and manner pre-
scribed by the department to the system
administrator, Texas Department of Trans-
portation, Travel and Information Division.
(2) Applicants shall be required
to update their information file in the form
and manner prescribed by the department.
(3) Information supplied in non-
standard form must be approved by the
system administrator. Due to space consid-
erations, limits may be imposed on the
quantity of information accepted. Informa-
tion files supplied to the department for use
in the information system will be updated as
stated in specifications for the standard file.
(e) Use of information.
(1) Information is freely accessi-
ble to the public. This access may be in the
form of an electronic transfer or other ac-
cess performed with a personal computer.
(2) Individual contributors are
responsible for licensing or giving permis-
sion to use the information that they con-
tribute, including the rights to copy or
publish the information for commercial or
other purposes.
(3) Any interested person or or-
ganization interested in licensing or obtain-
ing permission to use the material
contributed to the electronic travel informa-
tion system for commercial purposes or
other purposes must obtain such rights from
the individual contributors.
(4) A copyright notice will be
prominently displayed with all files and in-
formation where applicable.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on May 25, 1994.
TRD-9441397 Diane L. Northam
Legal Executive Assistant
Texas Department of
Transportation
Earliest possible date of adoption: July 7,
1994
For further information, please call: (512)
463-8630(6) recreation-related services
or industries; and
(7) other travel services, or or-
ganizations of the travel industries that
commonly serve the public.
(c) Eligible information. Contribu-
tors will follow the subject matter criteria
found in 23.10(b) of this title (relating to
Travel Literature).* PROPOSED RULES June 3, 1994
19 TexReg 4323
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Texas. Secretary of State. Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994, periodical, June 3, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176894/m1/33/?q=%221994-06%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.